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(영문) 서울고등법원 2018.10.18 2018노1932
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (the imprisonment of three years, and the completion of sexual assault treatment programs) is too unreasonable.

With respect to the defendant's case, the court below sentenced a judgment dismissing the prosecutor's request with respect to the case for which the request for attachment order was filed, and since only the defendant appealed against this, the part of the case for which the request for attachment order was filed has no interest in appeal, and thus, notwithstanding Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, the request for attachment order was excluded from

Judgment

A. The sentencing of a judgment on an unfair assertion of sentencing is based on the statutory penalty, and the discretionary judgment is made within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act, based on a reasonable and appropriate scope, there exists a unique area of the first deliberation in our criminal litigation law that takes the trial-oriented principle and the direct principle.

In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of sentencing of the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from reversaling the first instance judgment and rendering a sentence that does not differ from the appellate court’s view (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime is committed by the Defendant, which brought about the hand of the victim who is the victim, brought about his own sexual intercourse, and is placed on the part of the victim by coercion, and thus, it is highly likely that the victim might be subject to criticism following the fact that the sexual act seems to be detrimental to the victim’s sexual intercourse by taking the victim’s sexual intercourse into consideration.

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